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Collected Literature Material 12

The documents outline the legal framework governing the right to peaceful assembly in Pakistan, emphasizing that while the Constitution and international treaties recognize this right, it is subject to reasonable restrictions for public order and national security. Various legal provisions, including the Pakistan Penal Code and Anti-Terrorism Act, have been criticized for being used to suppress dissent and limit civic freedoms. Additionally, the role of law enforcement and the impact of excessive force during assemblies are highlighted as significant concerns regarding the protection of fundamental rights.

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0% found this document useful (0 votes)
17 views4 pages

Collected Literature Material 12

The documents outline the legal framework governing the right to peaceful assembly in Pakistan, emphasizing that while the Constitution and international treaties recognize this right, it is subject to reasonable restrictions for public order and national security. Various legal provisions, including the Pakistan Penal Code and Anti-Terrorism Act, have been criticized for being used to suppress dissent and limit civic freedoms. Additionally, the role of law enforcement and the impact of excessive force during assemblies are highlighted as significant concerns regarding the protection of fundamental rights.

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© © All Rights Reserved
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Extracted Material 14:

1. "Pakistan is a State Party to the 1966 International Covenant on Civil and Political Rights
(ICCPR). Article 21 governs the right of peaceful assembly, providing that: 'The right of
peaceful assembly shall be recognized. No restrictions may be placed on the exercise of
this right other than those imposed in conformity with the law and which are necessary in
a democratic society in the interests of national security or public safety, public order
(ordre public), the protection of public health or morals or the protection of the rights and
freedoms of others'" (ICCPR, 1966).
2. "Article 16 of the 1973 Constitution of Pakistan (as amended) grants every citizen the
right 'to assemble peacefully and without arms, subject to any reasonable restrictions
imposed by law in the interest of public order'" (Constitution of Pakistan, 1973).
3. "Freedoms of assembly and association under Articles 16 and 17 of the Constitution of
Pakistan are not unfettered, and the state may impose reasonable restrictions in the
interest of 'public order.' The term 'public order' has not been specifically defined, but it
was held by the Lahore High Court in Abdul Hameed Qadri v. S.D.M. Lahore and
subsequently in Shukar Din v. Government of West Pakistan that danger to property,
human life, and safety and the disturbance of public tranquility fall within the purview of
reasonable restrictions" (Lahore High Court, Abdul Hameed Qadri v. S.D.M. Lahore;
Shukar Din v. Government of West Pakistan).
4. "In November 2019, the Islamabad High Court, Chief Justice Athar Minallah stated that a
peaceful protest staged by unarmed persons is a constitutionally protected right… No
law-abiding citizen can, therefore, be denied the right of protest. The state only in
extraordinary and exceptional circumstances can restrain a person from exercising their
right to protest on the grounds of national security" (Islamabad High Court, 2019).
5. "The 1898 Code of Criminal Procedure provides broad authority to law enforcement
agencies, including the ability to impose restrictions under Section 144 to maintain public
order. However, the Islamabad High Court declared that such powers cannot be exercised
in derogation of fundamental rights" (Islamabad High Court, 2020).
6. "Under the 1860 Penal Code, authorities may refuse to allow an assembly to be held if
they determine it is likely to cause a breach of the peace. Law enforcement agencies may
also impose restrictions regarding the route or venue of a protest" (Pakistan Penal Code,
1860).
7. "The 1990 United Nations Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials emphasize that in the dispersal of assemblies that are unlawful but
non-violent, law enforcement officials shall avoid the use of force or, where that is not
practicable, restrict such force to the minimum extent necessary" (United Nations, 1990).
8. "According to Freedom House's 2021 report on Pakistan: The constitution guarantees the
right to assemble peacefully, though the government can harness legal provisions to
arbitrarily ban gatherings or any activity designated a threat to public order" (Freedom
House, 2021).
9. "Authorities in Gilgit-Baltistan are said to use the 1997 Anti-Terrorism Act (ATA) to
target political activists, human rights defenders, and student protesters" (Freedom
House, 2021).
10. "Digital surveillance and restrictions on internet access have been deployed to curtail
freedom of assembly and expression during protests, in contravention of international
standards" (OHCHR, 2018).

References:

 ICCPR (1966). International Covenant on Civil and Political Rights. Article 21.
 Constitution of Pakistan (1973). Articles 16 and 17.
 Lahore High Court. Abdul Hameed Qadri v. S.D.M. Lahore; Shukar Din v. Government
of West Pakistan.
 Islamabad High Court (2019). Judgment on peaceful protests.
 United Nations (1990). Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials.
 Freedom House (2021). Freedom in the World: Pakistan.
https://freedomhouse.org/country/pakistan/freedom-world/2021.
 OHCHR (2018). Report on the Human Rights Situation in Indian-Administered and
Pakistan-Administered Kashmir.

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Extracted Material 22:

1. "The fundamental human right of peaceful assembly enables individuals to express


themselves collectively and participate in shaping their societies. It constitutes the
foundation of a system of participatory governance based on democracy, human rights,
the rule of law, and pluralism" (United Nations Human Rights Committee, 2020, p. 1).
2. "Peaceful assemblies can play a critical role in allowing participants to advance ideas and
aspirational goals in the public domain and establish the extent of support for or
opposition to those ideas and goals. Failure to respect the right of peaceful assembly is
typically a marker of repression" (United Nations Human Rights Committee, 2020, p. 2).
3. "The right of peaceful assembly is protected under Article 21 of the ICCPR and extends
to citizens and non-citizens, including foreign nationals, asylum seekers, and stateless
persons" (United Nations Human Rights Committee, 2020, p. 3).
4. "Restrictions on the right of peaceful assembly must be narrowly drawn and satisfy the
tests of legality, necessity, and proportionality, serving specific aims like protecting
public order or the rights of others" (United Nations Human Rights Committee, 2020, p.
8).
5. "Even when certain domestic legal requirements for assemblies are not met, the conduct
of peaceful participants remains protected under Article 21" (United Nations Human
Rights Committee, 2020, p. 16).
6. "Violence originating from authorities or counterdemonstrators does not render an
assembly non-peaceful under Article 21. The state must protect participants from such
violence" (United Nations Human Rights Committee, 2020, p. 19).
7. "Spontaneous assemblies, counterdemonstrations, and protests organized online are
protected under Article 21 and should not face undue restrictions" (United Nations
Human Rights Committee, 2020, p. 14).
8. "Blanket bans or restrictions on peaceful assemblies are presumptively disproportionate
under Article 21" (United Nations Human Rights Committee, 2020, p. 38).
9. "The use of excessive force by law enforcement during peaceful assemblies breaches
both Article 21 and other human rights obligations, including the right to life under
Article 6" (United Nations Human Rights Committee, 2020, p. 89).
10. "The role of journalists, human rights defenders, and observers during assemblies is
critical and protected under Article 21. They should not face reprisals or harassment"
(United Nations Human Rights Committee, 2020, p. 30).

References:

 United Nations Human Rights Committee. (2020). General Comment No. 37 on the right
of peaceful assembly (Article 21 of the ICCPR). Retrieved from the uploaded document.

…………………………………………………………………………………………………

Extracted Material 23:

1. "Article 19 of Pakistan’s Constitution guarantees every citizen the right to freedom of


speech and expression, but this is subject to 'reasonable restrictions' in the interest of the
glory of Islam, public order, morality, or national security" (Korai et al., 2023, p. 172).
2. "Many legal frameworks, such as the Pakistan Penal Code of 1860, the Pakistan Security
Act of 1952, and the Anti-Terrorism Act of 1997, impose restrictions on freedom of
expression, often under the guise of protecting national interest" (Korai et al., 2023, p.
172).
3. "Free expression is regularly exploited by religious leaders and authorities to spread hate
speech or restrict access to information, often leading to targeted violence against
religious minorities" (Korai et al., 2023, p. 174).
4. "The right to peaceful assembly and free speech is frequently curtailed in Pakistan due to
national security concerns, with laws like Section 144 of the Code of Criminal Procedure
invoked to declare gatherings unlawful" (Korai et al., 2023, p. 175).
5. "Historical precedents such as the dissolution of Pakistan’s Constituent Assembly in 1954
and subsequent constitutional changes highlight a pattern of legal measures used to limit
civic freedoms" (Korai et al., 2023, p. 175).
6. "Blasphemy laws, enforced under the Pakistan Penal Code, have been widely criticized
for their misuse in suppressing dissent and minority voices, as seen in high-profile cases
like Salman Taseer and Shahbaz Bhatti" (Korai et al., 2023, p. 174).
7. "International legal frameworks, including the ICCPR and the Universal Declaration of
Human Rights, emphasize the importance of balancing restrictions on free speech with
the necessity to protect democratic principles" (Korai et al., 2023, p. 177).
8. "Media in Pakistan plays a significant role in shaping public discourse but has been
criticized for bias and for being influenced by political and religious agendas" (Korai et
al., 2023, p. 176).
9. "Regulations governing freedom of expression must address ambiguities to ensure they
align with democratic values and do not disproportionately restrict fundamental rights"
(Korai et al., 2023, p. 178).

References: Korai, A. G., Ghaffar, A., & Samad, A. (2023). Freedom of Speech under
Constitution of Pakistan. Journal of Law & Social Studies, 5(2), 172-179.
https://doi.org/10.52279/jlss.05.02.172179.

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